We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
In Fair Deal 2013, it was made clear that the Fair Deal 2013 did not apply to most local government employers. However, it commented that this issue would be considered separately by the Department for Communities and Local Government. Three years later the Department for Communities and Local Government is now consulting on a set of draft regulations to amend the current LGPS regulations to apply Fair Deal 2013 principles. It is proposed that the Pension Direction (and presumably the equivalent Welsh direction) will be revoked.
The draft regulations propose a new category of “protected transferees” – that is, staff who are participating, or are eligible to participate, in the LGPS and who are compulsorily transferred to an employer that doesn’t offer access to the LGPS. It is proposed that employers who take a compulsory transfer of a protected transferee will be obliged to participate in the LGPS. This will be achieved by requiring the new employer to enter into an admission agreement.
This protection will apply not just to the employees of staff who are employed by local government employers but also to staff employed by admission bodies which could include housing associations and charities. In some cases this will mean that the protection is wider than the protection given by the Pension Direction. In particular, it will mean that staff who transfer out of housing associations and charities will have the benefit of this protection, even if they did not originally transfer out from a local government employer. Interestingly, those who are currently employed in broadly comparable schemes will not be protected.
At a time when housing associations and charities are looking to close access to the Local Government Pension Scheme, it seems anomalous that the government should be extending protection beyond that originally envisaged under the principles of Fair Deal. This could mean that these organisations pay more for services that they contract out than might otherwise be the case. It may well be the case that this encourages more employers to reconsider their membership of the LGPS.
The consultation is open until 20 August 2016 and a copy can be found here. We plan to submit a response to the consultation and to help us with our submission, we’d like to hear from you. Please do fill in our online survey which can be found here or contact Doug Mullen.
The parliamentary processes are complete and the Restriction of Public Exit Payments Regulations 2020 (“the Regulations”) which cap exit payments in the public sector at £95,000 will be in force from 4 November.
As the UK’s social housing sector recovers from the initial Covid-19 outbreak and lockdown, now is the time to focus on the challenges that may emerge next.
There is no universal approach to regenerating town centres. However, housing must be considered a key part of any regeneration project – providing well-needed new homes and economic growth.
Friday 16 October marks the 6th annual Wear Red Day in England, Wales and Scotland. Wear Red Day is the brainchild of the charity; Show Racism the Red Card (SRTRC). SRTRC aims to educate young people so they are equipped to recognise and challenge stereotypes, misconceptions and negative attitudes towards race.
Alongside the Building Safety Bill published in July 2020, the Fire Safety Bill is a key step in the Government’s strategy to improve building and fire safety in the wake of the Grenfell Tower tragedy
Government regulations came into force on 23 September 2020 providing LGPS (local government pension scheme) employers with flexibility on meeting exit payments and LGPS funds with flexibility too
Charity Financials, the financial information program from Wilmington Charities, has published its latest Income Monitor report.
As employers face the end of the Coronavirus Job Retention Scheme on 31 October 2020, Katherine Sinclair and Libby Hubbard discuss the intricacies of the redundancy process for furloughed employees.
We have learned many things over the last six months; the latest lesson is that there is no new normal. The Government initiatives and guidance may have slowed down a pace, but the challenges for employers and their employees remain.
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